General Sale Conditions

These General Conditions of Sale (hereinafter "General Conditions") are valid exclusively between the company CISALFA SPORT S.P.A., with registered office in Via Boccea, 496 - 00166 Rome - VAT 05352580962, Rome Companies Register n.1156390 (hereinafter referred to as "Cisalfa") and any person (hereinafter referred to as "Customer") who makes purchases online on the www.bearsurfboards.eu website (hereinafter referred to as "Site").

These General Conditions govern purchases of products made on the Site (hereinafter the "Products"), in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.

The products offered through the Website are available for delivery on the Italian territory, San Marino, Vatican City State as well as in Spain, Portugal, France, Germany and Greece.

For the purposes of these General Conditions, final consumer means any natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (hereinafter also referred to as "Final Consumer").

Please carefully consult them, the Cookies Policy and the information on Personal Data Protection before using this Site. We inform you that the use of this Site or the transmission of an order through it implies acceptance of these Conditions.

Cisalfa reserves the right to revise and modify these General Conditions at any time. The Customer will be subject to the General Conditions in force at the time of the order.

Article 1: Conclusion of sales contracts

The information referred to in these General Conditions and the details contained in the Site do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. No contract will exist until the order has been accepted by Cisalfa.

To place an order, the Customer must follow the online purchase process. He will then receive an e-mail confirming receipt of the order.  

The correct receipt of the order is confirmed by Cisalfa through an email reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain the date of receipt of the order and a number to be used in any further communication with Cisalfa. The message contains all the data entered by the Customer, any information relating to the essential characteristics of the product, the indication of the price, payment methods, shipping methods and costs and applicable taxes. The Customer must verify its correctness and promptly communicate any corrections, according to the methods described in this document.

The Customer can only purchase the Products present in the online catalog at the time of placing the order and viewable online at the address www.bearsurfboards.eu as described in the relevant information sheets.

The image accompanying the description of a product may not be perfectly representative of its characteristics but differ in color, size, accessory products shown in the figure. All purchase support information (Buyer's Guide, Size Guide, etc.) is intended as simple generic information material, not referable to the real characteristics of a single product.

In the event of non-acceptance of the order by Cisalfa – at its sole discretion – (for example in the case of incomplete Customer data, Customer not qualified as Final Consumer, Products not available, destination delivery products outside the Italian territory), the latter guarantees timely communication to the Customer by e-mail. In such cases, Cisalfa will reimburse the Customer for any sums already paid by the same.

Article 2: Prices

The sales prices of the Products, shipping costs and payment methods are those shown on the Site and are expressed in Euro.
The sales prices of the Products include taxes but do not include shipping costs, which will be added to the total amount due. The Products will be sold at the prices indicated in the online product sheet at the time of order confirmation by the Customer. Before the customer confirms the order by clicking on the appropriate button, the web page will display a summary of the prices of the products selected for purchase and delivery costs. These data will then be automatically reproduced in the order form following the order confirmation procedures.

Cisalfa reserves the right to change the prices shown on the Site at any time: in any case, the change will not apply to products subject to orders already sent by Customer. In no case, Cisalfa can be held responsible for any price changes.

Article 3: Payment Methods

The Customer can make the payment by:

- Credit card: Credit card payments are handled directly by the secure servers of Shopify Payments which guarantees the security of online transactions. For this reason, Cisalfa is not aware of and stores the data relating to the Customer's credit card. Once the order is received, Cisalfa will make a pre-authorization request on the Customer's credit card to ensure that the Customer has sufficient funds to complete the transaction. Cisalfa will not be responsible for any lack of authorization by credit card issuers. Once the contract has been concluded pursuant to art. 1 above, the charge on the credit card will be final.

- PayPal

Article 4: Delivery Methods

The Products will be delivered on the basis of the times and in the manner indicated in the delivery service chosen by the Customer among the options listed on the Site. Transport costs are charged to the Customer and may vary depending on the delivery service chosen. Once shipment has taken place, Cisalfa will send the customer an e-mail of notification of shipment with instructions to monitor the same.

Article 5: Right of Withdrawal

The Customer, as Final Consumer, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty within 30 days of receipt of the Products purchased.

To exercise this right, the Customer must send Cisalfa an explicit written communication to that effect (for example a letter sent by post or e-mail), within 30 days from the date of receipt of the goods using the withdrawal form on the Site or the attachment at the bottom of these General Conditions (not mandatory). This communication must be sent by contacting Customer Service within the aforementioned period of 30 days. Once the aforementioned notice of withdrawal has been received, Cisalfa's Customer Service will quickly communicate to the Customer the instructions on how to return the goods. The consumer must return the Products without undue delay and in any case within fourteen days from the date on which he communicated to Cisalfa his intention to withdraw from the contract. The
direct shipping costs related to the return of the Products are borne by Cisalfa. The Products purchased must be returned in their entirety and not used, with all accessories and any spare parts, in the original packaging, complete in all its parts (including packaging and any documentation, etc.). Failing this, Cisalfa has the right not to accept the return.

The Customer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish their nature, characteristics and functioning.

If the Customer withdraws from this contract, the payments made to Cisalfa for the purchase of the Products will be refunded. The refund will be made within 14 days from the date of receipt of the notice of withdrawal, provided that the Products have also been returned during this period. The refund will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed with Cisalfa a different method. The right of withdrawal is in any case subject to the exceptions referred to in art. 59 of the Consumer Code.

In case of damage to the goods during transport, Cisalfa will notify the Customer of the incident (within the 5th working day of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the Customer for its return,  at the same time canceling the request for withdrawal; Cisalfa is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport.

Model withdrawal form pursuant to Article 49, paragraph 1, letter h)
(fill in and return this form only if you wish to withdraw from the contract)

Recipient's address	(the address of the return warehouse will be communicated by Cisalfa Customer Service upon receipt of the return request).
I hereby notify the withdrawal from my contract of sale of the following goods / services: (list of goods/services)
Order number
Ordered on
Customer's Name
Customer Address
Customer's signature	(only if this form is sent in paper version)
Date

Article 6: Warranty and Complaints

All Cisalfa products are covered by the manufacturer's standard warranty and the 24-month warranty for defects of conformity, pursuant to Legislative Decree 206/05. To use the warranty, the Customer must keep the receipt or invoice (or DDT) that he will receive in electronic format in his personal profile. The exercise of the warranty may include the request for assistance to authorized service centers in the area and / or follow the procedures illustrated in the documentation inside the product packaging.

The manufacturer's standard warranty is provided in the manner described in the documentation inside the product packaging. If, as a result of intervention by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the Customer will be charged for any costs of verification and restoration required by the Authorized Assistance, as well as transport costs.

The 24-month warranty pursuant to Legislative Decree 206/05 applies to the product that presents a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the Consumer. In case of lack of conformity, Cisalfa provides, at no cost to the Customer, to restore the conformity of the product by repair / replacement or reduction of the price or partial refund of the order or by providing the customer with a discount code, until the termination of the contract. If, as a result of intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Legislative Decree 206/05, the Customer will be charged for any costs of verification and restoration required by the Authorized Assistance, as well as transport costs. Replacements in case of DOA (Dead On Arrival: product not working on delivery) take place only if expressly provided by the manufacturer. The timing of replacement or repair of the product depends solely on the manufacturer's policies.

In the event that, for any reason, it is not able to return to its customer a product under warranty (repaired or replaced), Cisalfa may proceed at its discretion to refund the amount paid taking into account the use of the goods or its replacement with a product of equal or superior characteristics. The timing of repair or possible replacement of the product depends exclusively on the manufacturer's policies and no damage can be requested to Cisalfa for any delays in carrying out repairs or replacements.

In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc ...); to limit damage to the original packaging, we recommend placing it in a second box; it should be avoided in all cases the affixing of labels or adhesive tapes directly on the package original product.

The Customer will be provided with a product return authorization number (RMA) which must be indicated on the outside of the packaging, following the instructions provided directly in the relative authorization email. Any complaint must be addressed by contacting Customer Service by clicking here.

Article 7: Privacy

 

The processing of the Customer's personal data takes place in compliance with current regulations on privacy, with particular reference to the requirements of the General Data Protection Regulation.Cisalfa is the Data Controller of the Customer's personal data processed for the purpose of perfecting and executing the Contract. The duration of the processing is closely linked to the contractual object; the data will be processed according to the purposes of the contract, functionally to the performance of the contractual object and to legal obligations, in accordance with the privacy policy issued by Cisalfa available on the Site.

Article 8: Applicable Law and Jurisdiction

 

The contracts for the purchase of Products through the Site are governed by Italian law. For any dispute arising from the conclusion of such contracts, the Judge of the place of residence or domicile of the Final Consumer will be competent. For a faster resolution, the Customer can contact Cisalfa directly through customer service by clicking here.